Bill Text: NY A04311 | 2021-2022 | General Assembly | Introduced

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Bill Title: Prohibits the sale of used oil and establishes civil and criminal penalties.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2022-01-05 - referred to environmental conservation [A04311 Detail]

Download: New_York-2021-A04311-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4311

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2021
                                       ___________

        Introduced  by  M.  of  A. ENGLEBRIGHT, GALEF, OTIS, GLICK, GOTTFRIED --
          Multi-Sponsored by -- M. of  A.  EPSTEIN,  THIELE  --  read  once  and
          referred to the Committee on Environmental Conservation

        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          prohibiting the sale of used oil and to establishing civil and  crimi-
          nal penalties

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 23-2308 of the environmental conservation  law,  as
     2  amended  by  chapter  118  of  the  laws  of 1993, is amended to read as
     3  follows:
     4  § 23-2308. Prohibited disposal or sale of used oil.
     5    1. No person shall engage in the improper disposal of used  oil.  Used
     6  oil  shall only be deposited in an available used oil retention facility
     7  or disposed of as otherwise authorized or permitted by the commissioner.
     8    The provisions of this section shall not apply to the use of used  oil
     9  for maintenance or lubrication of agricultural equipment.
    10    2.  No  person shall sell or offer for sale a used oil disposal kit or
    11  product which is comprised of absorbent material into which  the  lubri-
    12  cating  oil  from a vehicle is drained when performing an oil change and
    13  which is intended for disposal into the solid waste stream  rather  than
    14  for reuse or recycling.
    15    3.  No person shall sell or offer for sale used oil, other than to oil
    16  rerefining facilities.
    17    4. No used oil collector shall transfer used oil, other than to  rere-
    18  fining  facilities or a facility permitted to dispose of used oil by the
    19  commissioner.
    20    § 2. Section 71-2201 of the environmental conservation law,  as  added
    21  by  chapter  740 of the laws of 1978, the opening paragraph and subdivi-
    22  sion 1 as amended and subdivision 3 as added by chapter 901 of the  laws

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08598-01-1
        A. 4311                             2

     1  of  1983  and subdivision 4 as added by chapter 294 of the laws of 1991,
     2  is amended and a new section 71-2203 is added to read as follows:
     3  § 71-2201. Enforcement of title 23 of article 23 of this chapter.
     4    [Administrative  and civil sanctions.] Violations, civil liability. 1.
     5  Any person who violates any of  the  provisions  of,  or  who  fails  to
     6  perform  any  duty  imposed by title 23 of article 23 except the duty to
     7  accept used oil pursuant to section 23-2307 [or any  person  subject  to
     8  section 23-2308 or any rule or regulation promulgated pursuant thereto],
     9  or  any  term  or condition of any certificate or permit issued pursuant
    10  thereto, or any final determination or order of  the  commissioner  made
    11  pursuant  to  this  section  shall  be liable for a civil penalty not to
    12  exceed one thousand dollars for each such violation  and  an  additional
    13  penalty  of not more than five hundred dollars for each day during which
    14  such violation continues, to be assessed by  the  commissioner  after  a
    15  hearing or opportunity to be heard pursuant to the provisions of section
    16  71-1709  of  this  chapter, and, in addition thereto, such person may by
    17  similar process be enjoined  from  continuing  such  violation  and  any
    18  permit  or certificate issued to such person may be revoked or suspended
    19  or a pending renewal application denied.
    20    2. Any person who refuses to accept used oil as required  pursuant  to
    21  subdivision  two  of section 23-2307 shall be liable for a civil penalty
    22  not to exceed one hundred dollars.
    23    3. Any person who [violates any provision of] improperly  disposes  of
    24  used  oil  in  violation  of  section  23-2308  of this chapter shall be
    25  subject to a civil penalty not to exceed two hundred fifty  dollars  for
    26  each violation.
    27    3-a.   Any person who knowingly engages in the sale of used oil, shall
    28  be liable for a civil penalty not to exceed  one  thousand  dollars  for
    29  each violation.
    30    4.  Notwithstanding  any  other provision of law, any person who shall
    31  violate the provisions of  paragraph  [(c)]  c  of  subdivision  one  of
    32  section  23-2307  or  paragraph  [(d)]  d  of subdivision two of section
    33  23-2307 of this chapter shall be liable for a civil penalty of not  more
    34  than  five  hundred dollars, and an additional civil penalty of not more
    35  than five hundred dollars for  each  day  during  which  such  violation
    36  continues, not to exceed ten thousand dollars.
    37  § 71-2203. Criminal liability for violations.
    38    1.  Any  person  who shall knowingly engage in the sale of used oil in
    39  violation of section 23-2308 of this  chapter,  shall  be  guilty  of  a
    40  misdemeanor,  and, upon conviction thereof, shall be punished by a fine,
    41  in the case of a first conviction, of not less than five hundred dollars
    42  nor more than eighteen thousand dollars or by imprisonment for a term of
    43  not more than one year, or by both such fine and imprisonment, for  each
    44  separate  violation. If the conviction is for an offense committed after
    45  the first conviction of such person under this subdivision, such  person
    46  shall  be  punished by a fine not to exceed twenty-six thousand dollars,
    47  or by imprisonment, or by both such fine and imprisonment. Each  day  on
    48  which such violation occurs shall constitute a separate violation.
    49    2.  In determining the amount of any fine, penalty or sentence imposed
    50  pursuant to this section, the commissioner or the court shall take  into
    51  consideration  any evidence introduced by a party regarding the economic
    52  impact of a penalty on a business, the compliance history of a violator,
    53  good faith efforts  of  a  violator  to  comply,  any  economic  benefit
    54  obtained  from  noncompliance,  the  amount  of risk or damage to public
    55  health or the environment caused by a violator,  whether  the  violation
    56  was procedural in nature, or such other factors as justice may require.
        A. 4311                             3

     1    §  3.  This  act shall take effect on the first of May next succeeding
     2  the date on which it shall have become a law.    Effective  immediately,
     3  the  addition,  amendment and/or repeal of any rule or regulation neces-
     4  sary for the implementation of  this  act  on  its  effective  date  are
     5  authorized to be made and completed on or before such date.